The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-02-18
Full Text of the Supreme
Court Decision.
DOWNING DICKSON AND ZANE.
A Page in the History of the Ferse-
cutiDn, Not Prosecution, of
The MOImons
No. 1282-OCToBER TERM, 1886.
February It'll, 1851

Mr.. Justice Blatchford delivered the
opinion of the Court:
Section of the Act of Congress ap-
proved March 22d, 1882, chap. A., (22
Stat, 81, provides as follows: Sec
g. That if any male person, in Terri
tory Or other place over which the
United States have exclusive jurisdic
tion, hereafter cohahlts with more than
one woman, he shall be deemed guilty
of a miSdemeanof, and on conviction
thereof shall be punished by q fine Of
not more than three hundred dollars,
or by Imprisonment Tor not more than
SIX months, or by both said punish
ments, in the discretion of the Court"
The grand jury of the United States
for November Term, 1855, in the
District Court of the Third judicial
District in and for the Territory Of
Utah, on the 9th of December, 1855,
presented and fled in that Court, in
open Court, three several indictmr ntS,
in the name of the United States
against Lorenzo Snow, each OF them
found December I'd, 1885, designated
as No. 741, No. 742, and No. 743. Eacl
of them was founded on the foregoing
statute, and they were alike in ali re-
spects except that each covered a DIFF
ferent period of time. No. Al alleged
that Snow, on the 1St of January, 1888,
Sat the county of Box Elder, IL the
said District, Territory afore, ala, and
within the Jurisdiction of this Court,
and on divers other days and times
thereafter, and continuously between
said first day of January, a. ID. 1855, ahd
the 3lst day of December, A. ID. 1883,
did then and there unlaWtully live and
cohabit with more than one woman, to
wit, with Adeline Snow, Sarah Snow,
Harl let Snow, Eleanor Snow, Mary ID.
Snow, Phoebe W. Snow, and Minnie
Jensen Snow, and during all the peri
cd aforesaid, at the county aforesaid,
fully claim, live, and cOhabit with all
of said women as his wives" No. 742
alleged that Snow, on the 1st of Janu
ary, 1885, "and on divers other days
and times thereafter, and continuously
between said first day Of January, A.
d. 1885, and the first day of December,
A. D. 1885. did then and there unlaw-
fully live and cohabit with more than
lone woman, to wit, with" the seven
persons above named, land during all
the period aforesaid Ibid UnlaWtully
claim, live, and c0hSbit with all of said
women as his wives" No. 143 alleged
| that Snow, on the 1st of January, 1884,
iand on divers other days and times
thereafter, and continuously between
SAID first day Of January, A. d. 1884,
and the thirty first day of December,
A. D. 1884, did then and there unlaw-
fully live and cOhabft with more than
one woman to-Wit, with" the seven
persons above named, land during all
the period aforesaid Ibid unlawfully
claim. live and cOhabit with all of said
women as his WiveS.'
At the time of filing each indictment
it was properly endorsed "a true. bill,
etc, and with the names of the wit
neSseS." The same sixteen witnesses
were examined before the grand jury,
ION one oath and one examination, as
to the alleged Offense during the entire
time mentioned in all of said three in
GictmentS, and" they were found
upon the testimony of witnesses
given on an examination covering the
whole time specified in said three in
! dictments." Onthe 1lth OF December,
1885, the defendant was arraigDed on
each of the three Indictments, and in
/ terpOSed demurrer to each, which
being oyerruled, be pleaded not guilty
TO each.
Indictment No. 742 was first tried,
covering the period from and including
January 1St, 1885, to December 1St,
| 1885. On the 31stiof December, 1885, q
verdict of guilty was rendered, and the
! Court fixed the 10th of January, 1886,
as the time for passing sentence.
Indictment No. 743 was next tried,
covering the period from and iuclud-
ing January 1St, 1884, to December 31St,
1854. The defendant orally put in an
audltIonal plea in bar, setting up his
PRIOR conviction on Indictment No.
~; and that the offence charged in all
OF the indictments was one cOntinu-
Gus offence and the same offence, and
not dlvlSible. On an oral demurrer to
this plea, the demurrer was sustained.
On the trial by the jury, g verdict Of.
guilty. was rendered on the 9th OF J&u4e
uaTy, 1856, and the Court fixed the 10th
OF January, 1856, as the time for pass
Ing sentence.
Indictment No. 741 was next tried,
covering tie period from and includ-
Ing January 1St, 1888, to December 31st,
1888. Tie defendant. orally put IN an
additional plea in bar, setting up his
prior convictions on indictments Nos.
I42 and I43; and that the offence
charged III all of the indictments was
one continuous offence, and the same
offence, and not diyislble. On an oral
demurrer 10 this plea, tie demurreI
was sustained. On the trial by the
jury, verdict of guilty was rendered
on the 9TH OF January, 1856, and the
Court fixed the 10Th of January, 1886,
as the time for passing sentence.
The record OF the Court states that
on the laSt-named Gay the follow
Ing proceedings took place in open
Court:
little Of Court and cause
The defendant and his counsel, I.
). Richards and G.. {. Richards, Esq'rs
(ot counSeD came into Court. The
defendant was duly informed OF the ma
tnre of the indictments found against
MIN on the 9TH day of December, 1855,
by the grand jury OF this Court, for The
crime OF unlawful cohabitation, COM
nilted IS stated in said indictments,
and during the time, as follows, viz
indictment No. al, between the first
day OF January, A. d. 1888, and the
thirty first day OF December, A. D.
1883; indictment No. 742, between the
first day of January, A. d. 1885. and
the fast day OF December, A. ID. 1885;
Indictment No. 743, between the first
day OF January, A. ID. 1884. and the